52494 Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2007 Pacific cod TAC in the BSAI 

is 170,720 metric tons (mt) as 

established by the 2007 and 2008 final 

harvest specifications for groundfish in 

the BSAI (72 FR 9451, March 2, 2007). 

Pursuant to § 679.20(a)(7)(i), the 

allocations of the Pacific cod TAC are 

240 mt to catcher vessels using hookand-line gear, 64,030 mt to catcher 

processor vessels using hook-and-line 

gear, 2,641 mt to catcher processor 

vessels using pot gear, 12,006 mt to 

catcher vessels using pot gear, 37,110 mt 

to catcher processors using trawl gear, 

and 37,110 mt to catcher vessels using 

trawl gear. The allocation to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear is 2,853 

mt and to vessels using jig gear is 1,426 

mt after two reallocations (72 FR 10428, 

March 8, 2007 and 72 FR 18595, April 

13, 2007). 

As of September 5, 2007, the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that catcher vessels using 

trawl gear will not be able to harvest 

3,000 mt of the allocation under 

§ 679.20(a)(7)(i)(B). Therefore, in 

accordance with § 679.20(a)(7)(ii)(C)(2), 

NMFS apportions 2,850 mt of Pacific 

cod from catcher vessels using trawl 

gear to catcher processor vessels using 

hook-and-line gear, 27 mt of Pacific cod 

to catcher processor vessels using pot 

gear, and 123 mt of Pacific cod to 

catcher vessels using pot gear. 

The Regional Administrator has also 

determined that vessels using jig gear 

will not harvest 1,300 mt of their Pacific 

cod allocation by the end of the year. 

Therefore, in accordance with 

§ 679.20(a)(7)(ii)(C)(1), NMFS is 

reallocating 75 mt of Pacific cod to 

catcher vessels less than 60 feet (18.3 m) 

length overall (LOA) using hook-andline or pot gear. The Regional 

Administrator has determined that 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear 

will not be able to harvest the remaining 

amount of the available reallocation. 

Therefore, in accordance with 

§ 679.20(a)(7)(ii)(B), NMFS is 

reallocating the unused amount of 1,225 

mt of Pacific cod allocated to vessels 

using jig gear to catcher processor 

vessels using hook-and-line gear. 

The harvest specifications for Pacific 

cod included in the harvest 

specifications for groundfish in the 

BSAI (72 FR 9451, March 2, 2007) and 

adjustments (72 FR 10428, March 8, 

2007 and 72 FR 18595, April 13, 2007) 

are revised as follows: 126 mt to vessels 

using jig gear, 68,105 mt to catcher 

processor vessels using hook-and-line 

gear, 12,129 mt to catcher vessels using 

pot gear, 2,668 mt to catcher processor 

vessels using pot gear, 34,110 mt to 

catcher vessels using trawl gear, and 

2,928 mt to catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA) finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such a requirement 

is impracticable and contrary to the 

public interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the reallocation of projected 

unused amounts of Pacific cod in the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of September 5, 2007. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 11, 2007. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E7–18174 Filed 9–13–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XC54 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pollock in the Bering Sea and Aleutian 

Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amounts of the 2007 

pollock incidental catch allowance 

(ICA) to the directed fisheries in the 

Bering Sea subarea. This action is 

necessary to provide opportunity for 

harvest of the 2007 total allowable catch 

(TAC) of pollock, consistent with the 

goals and objectives of the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). 

DATES: Effective September 13, 2007, 

through 2400 hrs, Alaska local time 

(A.l.t.), December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands 

Management Area (BSAI) according to 

the FMP prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

In the Bering Sea subarea, the portion 

of the 2007 pollock TAC allocated to the 

ICA is 35,129 mt as established by the 

2007 and 2008 final harvest 

specifications for groundfish in the 

BSAI (72 FR 9451, March 2, 2007). 

As of September 6, 2007, the 

Administrator, Alaska Region, NMFS, 

(Regional Administrator) has 

determined that the ICA has been set too 

high: 2,000 mt of the 2007 pollock ICA 

in the Bering Sea subarea will not be 

harvested. Therefore, in accordance 

with § 679.20(a)(5)(i)(A)(1), NMFS 

reallocates 2,000 mt of the 2007 pollock 

ICA to the directed fisheries in the 

Bering Sea subarea. 

As a result, in accordance with 

§ 679.20(a)(5)(i)(A)(3), (4), and (5), the 

2007 harvest specifications for pollock 

in the Bering Sea subarea included in 

the harvest specifications for groundfish 

in the BSAI (72 FR 9451, March 2, 2007) 

are revised as follows: 33,129 to the 

pollock ICA, 366,841 to B season AFA 

catcher vessels harvesting pollock for 

processing by AFA inshore processors, 

293,473 mt to B season AFA catcher 

processors and AFA catcher vessels 

delivering pollock to catcher processors, 

and 73,368 mt to B season AFA catcher 

vessels harvesting pollock for 

processing by AFA motherships. 

Furthermore, pursuant to 

§ 679.20(a)(5)(i), Table 3 of the 2007 and 

2008 final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 


rmajette on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations 52495 

March 2, 2007) is revised for 2007 

pollock allocations consistent with this 

reallocation. This reallocation results in 

adjustments to the 2007 pollock ICA 

and directed fisheries in the Bering Sea 

subarea established at 

§ 679.20(a)(5)(i)(A). 

TABLE 3.—2007 AND 2008 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ 

DIRECTED FISHING ALLOWANCES (DFA) 1

[Amounts are in metric tons] 

Area and sector 2007 

Allocations 

2007 A season 1 2007 B 

season 1

2008 

Allocations 

2008 A season 1 2008 B 

season 1

A season 

DFA 

SCA 

harvest 

limit 2

B season 

DFA 

A season 

DFA 

SCA 

harvest 

limit 2

B season 

DFA 

Bering Sea subarea ......................... 1,394,000 n/a n/a n/a 1,318,000 n/a n/a n/a 

CDQ DFA .................................. 139,400 55,760 39,032 83,640 131,800 52,720 36,904 79,080 

ICA ............................................ 33,129 n/a n/a n/a 33,214 n/a n/a n/a 

AFA Inshore .............................. 609,736 243,894 107,726 366,841 576,493 230,597 161,418 345,896 

AFA Catcher/Processors 3 ........ 487,788 195,115 136,581 293,473 461,195 184,478 129,134 276,717 

Catch by C/Ps ................... 446,326 178,531 n/a 267,796 421,993 168,797 n/a 253,196 

Catch by CVs 3 .................. 41,462 16,585 n/a 24,877 39,202 15,681 n/a 23,521 

Unlisted C/P Limit 4 ..... 2,439 976 n/a 1,463 2,306 922 n/a 1,384 

AFA Mothership ............................... 121,947 48,779 34,145 73,368 115,299 46,119 32,284 69,179 

Excessive Harvesting Limit 5 ............ 213,407 n/a n/a n/a 201,773 n/a n/a n/a 

Excessive Processing Limit 6 ........... 365,841 n/a n/a n/a 345,896 n/a n/a n/a 

Total Bering Sea DFA ...................... 1,358,871 543,548 380,484 817,322 1,284,787 513,914 359,740 770,872 

Aleutian Islands subarea 1 ............... 19,000 n/a n/a n/a 19,000 n/a n/a n/a 

CDQ DFA .................................. 1,900 760 n/a 1,140 1,900 760 n/a 1,140 

ICA ............................................ 1,600 800 n/a 800 1,600 800 n/a 800 

Aleut Corporation ...................... 15,500 15,500 n/a 0 15,500 15,500 n/a 0 

Bogoslof District ICA7 ...................... 10 n/a n/a n/a 10 n/a n/a n/a 

1Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA ¥10 percent and the ICA ¥3.35 percent, is allocated as a DFA as follows: inshore component ¥50 percent, catcher/processor component ¥40 percent, and mothership component 

¥10 percent. In the Bering Sea subarea, the A season, January 20–June 10, is allocated 40 percent of the DFA and the B season, June 10–November 1, is allocated 60 percent of the DFA. Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for 

the CDQ directed fishing allowance ¥10 percent and second the ICA ¥1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery. 2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining 

12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent 

of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1. 3Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest 

only by eligible catcher vessels delivering to listed catcher/processors. 4Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ 

processors sector’s allocation of pollock. 5Pursuant to § 679.20(a)(5)(i)(A)(6) NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock 

DFAs. 6Pursuant to § 679.20(a)(5)(i)(A)(7) NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock 

DFAs. 7The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only, and 

are not apportioned by season or sector. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the reallocation of pollock in the 

Bering Sea subarea. Since the pollock 

fishery is currently open, it is important 

to immediately inform the industry as to 

the final Bering Sea subarea pollock 

allocations. Immediate notification is 

necessary to allow for the orderly 

conduct and efficient operation of this 

fishery; allow the industry to plan for 

the fishing season and avoid potential 

disruption to the fishing fleet as well as 

processors; and provide opportunity to 

harvest increased B season pollock 

allocations while value is optimum. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 11, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–4587 Filed 9–13–07; 8:45 am] 

BILLING CODE 3510–22–P 


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